Second Chance law, this legislation allows individuals charged with certain misdemeanors, like DWI, for example, to seal their record after successfully completing probation, subject to a number of qualifying factors. Remarkably, the law is retroactive, making it applicable to decades-old convictions. This gives people a second chance at employment advancement by allowing them to restore themselves to a clean record. What challenges do you often encounter when seeking an expunction or order of nondisclosure, and how do you navigate these obstacles? Expunctions are guaranteed by law to eligible petitioners. This means if you qualify, you get one. So, the main challenges we encounter when expunging records in Texas are locating old records and working with courts to get on their dockets in a timely way. Nondisclosure eligibility is nuanced. This naturally leads to occasional disagreements with prosecuting offices about eligibility. Aside from educating prosecutors about the Texas Government Code, the biggest obstacle with Nondisclosures is convincing a judge. Unlike expunctions, Nondisclosures are not required by law. In Texas, a judge is charged with making a subjective determination about what is in the best interest of justice when ruling on a Nondisclosure. My team successfully navigates these obstacles by drawing on our deep well of experience in these fields of law, and leveraging the important relationships we’ve worked hard to build all over Texas. Can you share a success story where you helped a client clear their criminal record,and what impact did it have on their life? Every expunction is a success story. Criminal records are public records, and so deleting and sealing them is a gamechanging, impactful event. Expungement has the practical, real-world effect of opening up career advancement and creating a pathway to a better life for people and their families. From a personal standpoint, expunctions have the mental, and emotional effect of closing the chapter, and turning the page from a one-time mistake and low point in a person’s life. Criminal records are permanent in Texas. Even if a person wins a trial, the record is publicly available forever. Expungement is the only way to totally delete records of arrest and prosecution in Texas. Similarly, clearing criminal records positively impacts lives. Nondisclosures are most effective for our clients working in the private sector. Private businesses are unable to access records after an Order of Nondisclosure has successfully been effected, and the records are removed from the county and court’s websites. This allows business professionals to proceed with confidence, and put a one-time mistake in their rearview mirror. What advice would you give to someone just beginning the process of expunging or sealing their criminal record in Texas? What steps should they take before contacting a lawyer? The two most important pieces of advice I give to everyone considering expunging or sealing their record are do it now, and make sure it’s done right. Acting immediately, once eligible, is a smart move because you never know when an opportunity may come along that requires a clean record. Working with an experienced Texas Expungement lawyer to ensure the process is done correctly is critical. We have people regularly call the office seeking help from a real lawyer after an internet company offering cheap expunctions made a mistake. Expunctions delete records – and sometimes, an error cannot be fixed after the fact. Clean records are the best records! Do it no matter what. Do it now, and make sure it’s done right the first time. WWW.LAWYER-MONTHLY.COM 25
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